n of the Com mitt ee in the Cou rt
to lhe Cou tt, and; seco ndly , that the initial omi ssio
tend ed cons eque nces .
ProLocol may very well have be attributable to unin
best inter ests of the child
The Co uti is pers uade d that the argu men ts that the
uade d, as the C01mnittee held,
shou ld be para mou nt are well founded. Tt is aJso pers
that the best inte rest of the child ,
in the Nub ian Chil dren case refenecl to earlier,
requ irem ents lhat could hind er
shou ld in som e insta nces , trum p teclmical
acce ssib ility to cour ts of just ice for children.
95.
argu men ts but pe1iaining
In the view of the Cou rt, these are well -fou nded
the Cou rt relat ing to the rights of
larg ely to spec ific and st1bstantive matters befo re
Cou rt all alon g in ensu ring that
the child. Inde ed, this has been the appr oach of the
e of prom otin g acce ss in orde r
all its deci sion s are based on the over ridin g obje ctiv
96.
to ensu re prot ectio n of hum an rights.
falls unde r the prov ision
The Cou rt is cons ciou s that the Chil dren 's Cha rter
stale s conc erne d'. lt also
'any othe r rele vant hum an righ ts instrument ratified by the
97.
ng bod y of the Clul dren 's Cha rter
note s that lhe Com mitt ee is the prim ary rnon itori
the Com mitt ee havi ng acce ss to
und er whi ch the Cou rt has juris dicti on, and that
cise of its man date conc erni ng
the Cou rt wou ld facilitate mor e effe ctive exer
serio us violatio ns of child ren's rights.
the use of the purp ostv e
Nev erth eless, Lhe Cou rt is not conv ince d that
ous intention of the legis latur e,
appr oach can over ride the clea r and unam bjgu
nary mea ning of the text in
whic h can be discerned from lhe plain and ordi
s that the mea ning of the text is
ques tion . In the .instant Req uest , the Cou rt note
Cou rt unde r Article 5 of the
clea r and unam bigu ous on who can access the
law that whe re a treat y sets out an
Prot ocol . Inde ed, it is a well -kno wn prin ciple of
98.
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